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Timeline for responding to initiating application

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Catsmother View Drop Down
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Joined: 04/September/2009
Location: Australia
Posts: 102
  Quote Catsmother Quote  Post ReplyReply Direct Link To This Post Topic: Timeline for responding to initiating application
    Posted: 17/November/2017 at 22:10
Hi there

Asking for a friend. They have been served today (17th) an initiating application. No mediation was done. Not sure if the non-filing of FDR certificate initiating application was used or not. But the court date is 28th. In theory, according to the court website, my friend should lodge and serve their response within 7 days of court, i.e. the 21st.

Obviously the other party has managed to get this listed as an urgent matter. Form 4 (or whatever Notice of risk was lodged), but the whole application was lodged the same day as both parties were advised that there was no case to answer, and that there would be no investigation (by police or children's services).

So my friend is obviously in a bit of a bind, timewise. Has applied to Legal aid but hasn't heard back, and was told not to file anything or else would not be eligible for legal aid. Now to my way of thinking, they are not filing, but are responding. Or am I clutching at straws? They don't want the orders that the other parent has put forward, so they will definitely need to respond.

But given that this is now the weekend, (timing was well done on part of other parent), what can they do?

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 18/November/2017 at 00:25
Seek an ajournment at hearing to be able to obtain legal advice.

Oh, and don't hold breath waiting to get legal aide.

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